HomeMy WebLinkAboutSDP200700031 Staff Report 2007-04-24of
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ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SDP 07 -031 Korean Staff: David Pennock, Allan Shuck
Community Church - Critical slopes waiver
request Amendment and curb and gutter
waiver request
Planning Commission Public Hearing:Board of Supervisors Hearing:
April 24, 2007 Not applicable
Owners: Korean Community Church in Applicant: Korean Community Church in
Charlottesville Charlottesville
Acreage: 3.851 ac.Rezone from: Not applicable
Special Use Permit for: Not applicable
TMP: Tax Map 59, Parcel 23G By -right use: HC - Highway Commercial and
EC - Entrance Corridor
Location: 350 feet from Ivy Road (Route
250) approximately 0.28 miles from its
intersection with Broomley Road (Route #677)
Magisterial District: Samuel Miller Proffers /Conditions: No
Requested # of Dwelling Lots: N/A DA — Yes RA— No
Proposal: Request for waiver of Sec. 4.2 Comp. Plan Designation: The
building site requirements in order to construct Comprehensive Plan designates this property
a two -story church with a 6,090 square feet as Rural Areas in Rural Area 1.
footprint - portions of parking and drive aisles,
as well as associated grading are on critical
slopes.
Character of Property: This property is Use of Surrounding Properties: Adjacent to
mostly wooded and fairly steep.a Volvo dealership, the Christian Aid Mission
site, and railroad tracks, as well as the
previous location of this church.
Factors Favorable: (multiple — see report)Factors Unfavorable: (multiple — see report)
RECOMMENDATION
Generally staff finds that this request is consistent with the criteria of Section 4.2.5 for granting
a modification to allow disturbance on critical slopes. Therefore, staff recommends approval to
the Commission of a modification of Section 4.2.3.
STAFF CONTACT: David E. Pennock, AICP
PLANNING COMMISSION: April 24, 2007
AGENDA TITLE: SDP 2007 -031: Korean Community Church
PROPERTY OWNER: Korean Community Church in Charlottesville
APPLICANT Korean Community Church in Charlottesville
APPLICANT'S PROPOSAL:
The applicant has submitted a final site plan for the relocation of the Korean Community Church to this site
from an adjacent property. The existing church is within an area that the Christian Aid Mission is using for an
expansion and revision on that property. The proposed new church is two stories with a 6,090 square feet
footprint. Portions of parking and drive aisles, as well as associated grading, are within areas designated as
critical slopes. The applicant has requested a waiver to allow this disturbance. A similar waiver was approved
by the Planning Commission on June 6, 2006 as part of the preliminary site plan review. The alignment of the
building has changed since then, mostly in order to accommodate the future installation of the required
drainfields. The applicant has also requested a waiver of the requirement for curb and gutter along the access
drive serving this parcel. Both waivers are discussed in detail in this report. This property is zoned HC -
Highway Commercial and EC - Entrance Corridor. It is described as Tax Map 59, Parcel 23G and is located in
the Samuel Miller Magisterial District 350 feet from Ivy Road (Route #250) approximately 0.28 miles from its
intersection with Broomley Road (Route #677) (Attachment A).
PLANNING AND ZONING HISTORY:
SUB 93 -154: This property was formerly a part of the property currently occupied by the Christian Aid Mission
and the current Korean Community Church.
SDP 06 -038: The preliminary approval for this site plan included a critical slopes waiver request. That request
was approved June 6, 2006.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this property as Rural Areas in Rural Area 1.
REASON FOR PLANNING COMMISSION REVIEW:
Approval of this application requires Planning Commission approval of a modification of Section 4.2 in order to
allow disturbance of critical slopes. In addition, the applicant has requested Planning Commission review of a
waiver of the curb and gutter requirement for the access drive serving this property.
1. REVIEW OF MODIFICATION OF SECTION 4.2.3 TO ALLOW ACTIVITY ON CRITICAL
SLOPES:
DISCUSSION:
Critical Slopes Waiver:
Section 4.2.3.2 of the Zoning Ordinance restricts earth - disturbing activity on critical slopes, while Section
4.2.5.b allows the Planning Commission to waive this restriction. The applicant has submitted a request and
justification for the waiver (Attachment C), and staff has analyzed this request to address the provisions of the
ordinance.
Critical slopes cover approximately 0.56 acres, or 15 percent, of the 3.851 acres included in this request. This
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request is to disturb 0.34 acres, or 61 percent, of these critical slopes. Some of the critical slopes in the area of
this request appear to be man -made. Staff has reviewed this waiver request with consideration for the concerns
that are set forth in Section 4.2 of the Zoning Ordinance, entitled "Critical Slopes." These concerns have been
addressed directly through the analysis provided herein, which is presented in two parts, based on the Section of
the Ordinance each pertains to.
The Open Space Plan is the primary tool used by staff to identify aesthetic resources. The maps in the Open
Space Plan include inventory maps which show all resources. The composite map indicates the resources that
are of the highest significance or are part of a system forming a significant resource, such as a stream valley or
mountain range. The Open Space Plan shows "slopes > 25 %" on this property on the "Inventory Map I".
However, they are not reflected on the "Composite Map ". Based on the content of the Open Space Plan, staff
opinion is that the critical slopes on this site do not represent a significant resource.
Section 4.2.5(a):
There are 7 areas of critical slope on the parcel, the majority of which (76 %) are on the north half of the parcel.
The center of the parcel is void of critical slope, averaging a 10% gradient. The remaining 24% of critical slope
areas are along the south boundary and in the south west corner. The majority of the parcel, including areas of
critical slope is wooded with early succession growth, a mixture of hard wood and pine.
The critical slope area within TMP 59 -23G appears to be both natural slopes and man -made slopes. The critical
slope disturbances are in the form of site plan construction; travelways, parking spaces, drainfield, and
stormwater management facilities.
Areas Acres
Total acreage of site plan 3.851
Critical slopes 0.560 Acres
Critical slopes disturbed 0.344 Acres Approx. 61.4% of total
critical slopes
Below, each of the concerns of Zoning Ordinance section 18 -4.2 is addressed:
1. "movement ofsoil and rock ": Proper slope construction, control of drainage, and vegetative
stabilization with approved erosion control measures constructed within the standards of Virginia
Erosion and Sedimentation Control Regulations will prevent any movement of soil.
2. "excessive stormwater run - off ": Stormwater runoff will be controlled by the drainage / stormwater
management plan required for this site.
3. "siltation of natural and man -made bodies of water ": Engineering recognizes the proposed design
as being imperative to providing access to the site with minimal disturbance to the critical slope
areas. Inspection and bonding by the County will ensure siltation control during construction.
Proper stabilization and maintenance will ensure long term stability.
4. "loss of aesthetic resource ": This site is visible from the neighboring properties. The site may be
visible from State Route 250. It appears that the loss of aesthetic resources will be necessary with
the proposed plan.
5. "septic effluent ": A drainfield is proposed in this project.
This site drains into a waterway that is a public drinking water supply for Albemarle County. No portion of this
site plan is located inside the 100 -year flood plain area according to FEMA Maps, dated 04 February 2005.
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Based on the above review, there are no engineering concerns which prohibit the disturbance of the critical
slopes as shown on the plans.
Section 4.2.5(b):
Staff has included the provisions of Section 4.2.5b here (in italics), along with staff comment on the various
provisions:
b. The commission may modify or waive any requirement of section 4.2 in a particular case upon finding that:
Amended 11- 15 -89)
Strict application of the requirements of section 4.2 would not forward the purposes of this chapter or
otherwise serve the public health, safety or welfare, or that alternatives proposed by the developer
would satisfy the purposes of section 4.2 to at least an equivalent degree; or (Added 11- I5 -89)
Based on the Engineering analysis provided above, the content of the Open Space plan, and the previous
approval of a very similar waiver request, it is staff's opinion that a strict application of the requirements
set forth in Section 4.2 would not act to forward the purposes of the chapter and otherwise serve the
public health, safety or welfare in this case.
2. Due to its unusual size, topography, shape of the property, location of the property or other unusual
conditions, excluding the proprietary interest of the developer, the requirements of section 4.2 would
effectively prohibit or unreasonably restrict the use of the property or would result in significant
degradation of the site or adjacent properties. Such modification or waiver shall not be detrimental to
the public health, safety or welfare, to the orderly development of the area, or to adjacent properties, or
be contrary to sound engineering practices; or (Added 11- 15 -89)
Because of the relatively small areas of critical slopes on the site, this plan could potentially be
redesigned to avoid critical slopes areas. However, some reduction in scale would likely be necessary,
especially given the scattering of slopes on the site. The requirements of the Ordinance do not
unreasonably restrict the use of the property.
3. Granting such modification or waiver would serve a public purpose of greater import than would be
served by strict application of section 4.2. (Added 11- I5 -89)
There are no immediately identifiable reasons that would be considered of greater import.
RECOMMENDATION:
Based on the analysis of the Open Space and Critical Resources Plan and on the review of the engineering criteria
presented above, staff opinion is that the relatively small areas of critical slopes proposed for disturbance via this site
plan are acceptable. Staff has reviewed this request with consideration for the required criteria and recommends
Planning Commission approval.
2. Review of Sec. 14 -412 of the Subdivision Ordinance and 32.3.10 of the Zoning Ordinance
Section 32.7 of the Zoning Ordinance specifies minimum standards for improvement on sites that require site
plan review. Section 32.7.3 states: "In the case of any site plan involving multiple uses, including multiple
dwelling units, the principal means of access thereto shall conform to the standards of the Virginia Department
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of Transportation, or, in the case of a private road, to the applicable standards for private roads set forth in the
subdivision ordinance."
The proposed access in this case serves multiple parcels with multiple uses and is therefore considered to be a
private street. As such, it must meet subdivision street standards. These design requirements are defined in the
Subdivision Ordinance in Section 14 -412. Section 14 -412 B states that "each private street authorized to serve
non - residential uses under sections 14 -232 or 14 -233 shall satisfy Virginia Department of Transportation
standards or an alternative standard deemed adequate by the agent, upon the recommendation of the county
engineer, to be equivalent or greater than the applicable standard in the design standards manual, so as to
adequately protect the public health, safety or welfare ". The proposed access does not meet Virginia
Department of Transportation requirements, although the entrance was determined by VDOT to be adequate.
County Engineering staff has analyzed the existing access to the site and has concluded that current conditions
do not meet the standards of the Subdivision Ordinance. The existing paved and gravel areas were constructed
prior to the adoption of many of the standards in the ordinance. For example, the current grade of the access is
approximately 11.6 %. Engineering staff has administratively approved a waiver of the standard requirement
that allows a maximum 10% grade. The current access was also built without curb and gutter. The engineering
analysis concludes that in order to improve the access to an acceptable standard, the roadway will need to be
provided with curb and gutter. This will serve to control the existing drainage as well as the increase in quantity
of runoff due to this development. In addition, it will help to more clearly define the acceptable parking areas
and accommodate the movement of vehicles to and from the site.
Easements from adjacent property owners will likely be required in order to facilitate this type of construction.
To the best of staff's knowledge, easements or letters of permission have been received.
Section 32.3. 10 of the Zoning Ordinance allows the Planning Commission to modify or waive the requirements
of 32.7.3, as follows:
Sec. 32.3.10:
a. The commission may modify, waive, or accept substitution for any requirement of section 32.7 in a
particular case upon finding that requiring such improvement would not forward the purposes of this chapter
or otherwise serve the public health, safety or welfare; or in the case ofsubstitution, that such alternative would
satisfy the purpose of this chapter to at least an equivalent degree as the required improvement.
Community Development Staff has reviewed this request and has determined that modifying the entrance
requirements would not forward the purposes of this chapter or otherwise serve the public health, safety or
welfare. The requirement for improvement of private streets in the development areas is consistently
implemented, and is also intended to contribute to an overall system.
b. Whenever, because of unusual size, topography, shape of the property, location of the property or other
unusual conditions, excluding the proprietary interests of the developer, strict application of the requirements
of section 32.7 would result in significant degradation of the site or adjacent properties, the requirement ma_v
be modified or waived by the commission; provided that such modification or waiver shall not be detrimental
to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices,
or to adjacent properties."
There are no unusual conditions on this site that prevent the development from meeting the requirements of
the Ordinance. The applicant will need to obtain off -site easements in order to accommodate this
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construction. Staff is of the opinion that modifying the requirements of section 32.7 would be detrimental to
the orderly growth of the area. Elimination of curb and gutter in the access is not consistent with sound
engineering practices in the development areas and is not consistent with the goals of the neighborhood
model.
c. Upon finding in any case that by substituting of technique, design or materials of comparable quality, but
differing from those required by section 32.7, a developer would achieve results which substantially satisfy the
overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement in
section 32.7, the commission may approve such substitution of technique, design or materials.
The applicant has not proposed a substitute design or technique for this site. The proposal includes provision
of curb and gutter in all parking areas and circulation areas on the site itself.
d. A developer requesting a modification, waiver, or substitution pursuant to this section shall file with the
agent a written request which shall state reasons and justifications for such request together with such
alternatives as maybe proposed by the developer. Such request shall be submitted prior to commission
consideration of the preliminary or final plan, but no later than the site committee revision deadline. No such
request shall be considered by the commission until the commission has considered the recommendation of the
agent. The agent may recommend approval, approval with conditions or denial. A recommendation of
approval or conditional approval shall be accompanied by a statement from the agent as to the public purpose
served by such recommendation, particularly in regard to the purpose and intent of this chapter, the subdivision
ordinance, and the comprehensive plan.
The applicant has submitted written justifications for modifications to design standards for this site plan.
Staff and the agent reviewed the applicant's request for alternative design standards and could not
recommend approval.
Attachments:
A - Tax Map /Location Map
B - Site Plan (or Reduction)
C - Applicant's Requests and Justification
D- Engineering Review excerpts
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172 South Panfops Drive
Charlottesville, VA 22911
April 12, 2007
Mr. Allan Schuck
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Department of Planning & Community Development
401 McIntire Road
Charlottesville, VA 22902 -4596
Re: Korean Community Church
Dear Mr. Schuck:
434.979.8121 (p)
434.979.1681 (f)
DDRVA.com
I am requesting a waiver of section 18 -4.2 of the Zoning Ordinance regarding critical slopes.
Approximately 15,000 sf (0.34 ac) in critical slopes (of 0.56 ac on site) will be affected by the proposed
construction. Some of the critical slopes are obviously manmade.
The Ordinance states that "These provisions are created to implement the comprehensive plan by
protecting and conserving steep hillsides together with public drinking water supplies and flood plain
areas and in recognition of increased potential for soil erosion, water pollution and septic disposal
problems associated with the development of those areas described in the comprehensive plan as critical
slopes."
Rapid and /or large scale movement of soil and rock
Proper construction of slopes and control of drainage will prevent movement of soil and rock.
Excessive storm -water run -off
There will not be excessive storm -water run -off as stormwater detention is required.
Siltation of natural and man -made bodies of water
County inspection and bonding of erosion control measures will address excessive siltation during
construction. Proper vegetative stabilization will prevent long term siltation.
Loss of aesthetic resource
There is no loss of aesthetic resource in this case.
A greater travel distance of septic effluent
The proposed drainfield area is in an area completely unaffected by the critical slopes.
Section 18- 4.2.5.2 allows the Planning Commission to grant a waiver if "Strict application of the
requirements would not forward the purposes of this ordinance or otherwise serve the public interest or
that alternatives proposed by the developer would satisfy the purposes of section 18 -4.2 to at least an
equivalent degree ".
Sincerely,
ATTACgMENT C
172 South Pantops Drive
Charlottesville, VA 22911
W. Thomas Muncaster, Jr., P.E.
434.979.8121 (p)
434.979.1681 (f)
DDRVA.com
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vIRCIN1P
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
To: David Pennock, Principal Planner
From: Allan Schuck, Engineering Review
Subject: SDP -2007- 00031, Korean Community Church, Waiver Request
Date received: 28 March 2007 (plan rev. date 23 March 2007)
Date of Comment: 12 April 2007
The applicant has requested a waiver for the new construction proposed on TM? 59 -23G. The waiver
request was received on 28 March 2007. It is being reviewed in conjunction with the final site plan, rev.
date 23 March 2007.
The engineering analysis of the requests is as follows:
Waiver of the requirement for curb and gutter:
The applicant has requested a waiver for the construction of curb and gutter for the travelway access to this
site as required per County Code Section 18.4.12.15g.
The proposed access to this site is from an existing 30' wide easement from State Route 250. This
easement contains a paved travelway that was built before the County Code required curb and gutter street
design so it does not have a curb and gutter section. The applicant is requesting that this portion of the
access to the site not be required to have curb and gutter.
The applicant is showing CG -6 curbing for the proposed travelways and parking spaces shown within
TMP 59 -23G.
In accordance with County Code section 18- 4.12.15g, the County Engineer may waive or modify this
requirement if deemed necessary to accommodate SWM/BMP facility design or the existing use is located
in the Rural Areas (RA) zoning district.
The site plan is located entirely within a development area. The use of curb and gutter would assist with
the containment of the travelway drainage and direct the flow more efficiently to the proposed SWM
facility. The relief of this requirement would not accommodate the proposed SWM/BMP facility.
Engineering does not recommend approval to this waiver request.
Copy: SDP - 2007 -00031 Korean Community Church
File: El_wvr ADS_07 -031 Korean Community Church.doc
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ATTACHMENT D